Monday, May 22, 2006

Medical malpractice suits in the US - no evidence of frivolous suits found

Is there a real need for a federal cap on non-economic damages in medical malpractice suits (to be voted on by the US Senate)? It is widely claimed that frivolous medical malpractice suits are on the increase, causing healthcare costs to rise and enriching only claimant lawyers. The recent research conducted by Harvard School of Public Health (HSPH), Brigham and Women's Hospital and the Harvard Risk Management Foundation shows that no evidence of increase in frivolous suits exists (published in The New England Journal of Medicine, Volume 354: 2024 - 2033, May 11, 2006). The research demonstrates that most medical malpractice suits are actually justified (involve medical errors).

The researchers suggest that, instead of trying to cap damages or limit attorneys' fees, the legislators should focus on "streamlining the processing of claims that do belong".


Daniel Haszard said...

I took zyprexa which was ineffective for my condition and gave me diabetes.

Zyprexa, which is used for the treatment of psychiatric disorders, such as schizophrenia and bipolar disorder, accounted for 32% of Eli Lilly's $14.6 billion revenue last year.

Zyprexa is the product name for Olanzapine,it is Lilly's top selling drug.It was approved by the FDA in 1996 ,an 'atypical' antipsychotic a newer class of drugs without the motor side effects of the older Thorazine.Zyprexa has been linked to causing diabetes and pancreatitis.

Did you know that Lilly made nearly $3 billion last year on diabetic meds, Actos,Humulin and Byetta?

Yes! They sell a drug that can cause diabetes and then turn a profit on the drugs that treat the condition that they may have caused in the first place!

I was prescribed Zyprexa from 1996 until 2000.
In early 2000 i was shocked to have an A1C test result of 13.9 (normal is 4-6) I have no history of diabetes in my family.
Daniel Haszard

David Brett said...

There are laws both federal and state to protect those who have been harmed by a medical professional because of negligence. One right a victim has is the right to take legal action on the party responsible for their injury. If a medical professional, including a doctor, nurse or any other medical staff, caused an individual harm because of neglect, they can file a medical malpractice suit.A person who has been injured because of medical negligence has rights that need to be protected. This can be done by contacting an attorney right away. A medical malpractice claim needs to be filed within the statute of limitations. There is a time limit that each state has requiring a victim to file a claim before the legal deadline. Failure to file within these deadlines a victim may lose any rights for compensation.For more information visit us at:-Medical Negligence Compensation.

Criminal Defense Attorneys Mesa said...

I think that limiting the damages would be counterintuitive to the tort system. The reason why the US tort system is so infamous is because of the huge awards, but it is also why it has teeth!

Lloyd Green said...

Don't think, whether in the US or UK, that medical negligence claims are frivolous. They are never easy and risky for lawyers. It's the whiplash type claim, together with a hefty special damage claim that causes most problems and bad publicity.